The National tribune. [volume] (Washington, D.C.) 1877-1917, 1887-04-28
"STEALING TIME" "
How Congress Add II Hours to Its
Closing Session.

among the legislators OF the present day are
aware how recent comparatively WAS the time
when the precedent was first established, upon
which each successive Congress since has acted,
of allowing an expiring Congress to prolong its
existence until that hour. As a matter of fact,
Congress, assuming the right to make its own
time, stole 10 hours to add to each Congress at
its close, but covers up the theft in its records
to this day.
The Congressional Directory" in its brief
biographies of Senator'S always concludes them
with the information that the term of service
OF the Senator named will expire on March
of given year; and the Congressional Record
OF the proceedings at the close of Congress,
always dates them as occurring on March ,;
and the journal of each House of Congress is
always dated. on the final day of the last ses-
sion of Congress, March 3; though, as a mat
ter of fact, every one who has any knowledge
OF the closing hours of a Congress, is aware that
the day of its adjournment sine die is always
March 4, and the hour,
NOON ON THAT DAY.
Well, suppose it is all right. for the old prov
erb calls procrastination the thief Of time"
and, as in practice Congress and procrastina-
tion in matters Of legislation are Synonymous
words, it follows as a matter of course that
Congress should also be thief of time. This
has been the case so long that Senator Ed
munds and others who have long served in the
U. 5. Senate have expressed much surprise in
conversation with the writer to hear that the
precedent was first established by the 3lst Con-
gress as late rs 1851; but the debate which is to
be found in Vol. %. pages sis, $40 and $50 of
the Congressional Globe, proves that to be the
fact. The above references refer TO the Senate
debate OH the subject, but there was also an
equally interesting discussion as to - the Con-
stitutional existence of Congress" in the House
OF Representatives, at the same time.
Tha fret .t..br itDI -.NNc -
the exact time when the precedent now fol-
lowed was established was ex-senator McDOn-
aid, of Indiana, who said that the House of
Representatives of which he was then MEM
Der. had finished all its business and was only
waiting for the Senate to get through the ap-
preparation bills in order to adjourn and that.
ut IL o'clock midnight more than one Member
said his
TERM OF SERVICE HAD EXPIRED,
and Willis A. German, of Indiana, withdrew
The latter was afterward Governor of the Ter
ritory of Minnesota. There was a very great
diversity of opinion between the Members of
each House of Congress as to the right Of the
two Houses to sit after u (miduightl on March
Sd.
1t had long been admitted by Members of
both Houses of Congress who had served in
previous Congresses that the question as to
when exactly Congress should adjourn sine
die must be met and settled permanently. But
with each expiring Congress the question was
lodged. The Congress Immediately preceding
the one which did establish the precedent since
followed closed at Z a. m. on Sunday morning,
March A. 1919, in spite of the protest of many
of its Cmbers that it had no right to prolong
its session after midnight Saturday, March 3.
William Il. King, of Alabama, who was in
1852 elected Vice-Presdent toserve with Pierce
as President, was at the time the precedent was
oil 81 a. st,o
Senate, and Howell Cobb, of Georgia, was
Speaker of the House of Representatives.
The late Aleck Stephens, of Georgia, then a
member of the latter body from that State, at
five minutes before midnight on March 3, 1851,
said: " i rise to a privileged question. 1t is
now, Mr.. Speaker five minutes before II o'clock
on the Sd of March. submit to the Chair that
Constitutionally this Congress
EXPIRES AT 12 O'CLOCK.
Has the House right to sit after IL o'clock ?"
To which the Speaker replied: "The Chair
cannot decide that question until the hour
arrives"
So in this way the question was lodged. and
the dodging continued even when at midnight
Mr. Stephens moved that the House adjourn sine
die, and called for the yeas and nays, which were
ordered, and the House by vote declined to
adjourn, li3 voting against adjournment at
that hour aud only 15 in favor of it.
Mr.. Gentry, of Tennessee, in support Of the
Constitutional tight of Congress to continue
in session after midnight on March 3, said
From the very commencement of the Gov
ernment each Congress had begun at IL o'clock
(nOon) on March A, aud the Government pro-
vided for no Interregnum. There had been no
interregnum in this Government from the time
of its creation to the present time. and there
never could be one, except in revolutionary
times"
T. ~c u
had been in successive Congresses since 1899,
but whose final term expired with that Con-
gress, said: There is an interregnum nOw."
Mr.. Gentry answered: IF so, then we are
IN THE MIDST OF REVOLUTION"
He considered that Congress had perfect right
to legislate until II o'clock on March A. They
were surrounded by state of things which
made it highly probable that some of the ap-
preparation bills indispensably necessary to the
welfare of the country would fail in the Senate,
and it was the duty of the House to remain in
session until IL o'clock next day. and then il
any Of these bills should fail the Members of
the House would be able say: "Itwas not we
who did it." (This, also. it may be mentioned,
is the practice to this day; one House always
| trying to throw responsibility for a failure TO
| do an obvious duty on the other.l
A call Of the House was ordered to beguile
the time, and so with various motions amount
/ ing 10 nothing the night was passed.
| In opening the debate in the Senate upon the
subject, JEFF Davis (then Senator from Missis-
sippi) said: - msst bring before the Senate a
| question which has been presented and argued
before, but never settled, the question as to the
| hour at which the session of Congress termi-
mates. 1t is now II o'clock THAT was IL mid
night, and if the session has terminated my
| duties have closed. There are others in the
| same condition with myself. The honorable
| and distinguished Senator from Michigan stated
| il as his opinion on n former occasion, and he
sustained it by his action that the session closed
at II o'clock at night. / must confess have
always entertained some doubt my own opinion
was not quite clear when | was not interested,
now the case is one upon which do not feel
quite willing to risk my own Judgment, and it
is not proper / should decide, because / am a
party involved.
MY TERM HAS EXPIRED
| il the session has closed I desire therefore.
to know of the Senate whether the session has
closed or notp submit the question TO the
Senate, therefore, whether this Senate can re-
main longer in session p He vainly tried, how
ever to get the question acted upon at that
time, and the debate continued.
Senator Cass. of Michigan, said: 1.-TWO years
ago this night, upon the Sd of March. I649,
this question was raised. then stated it to be
my opinion that the Congress of the United
States terminates according to the Constitution
| at IL o'clock on the night of the Sd of March.
The question is, when does the Sd of March
expire? The bills you pass this night will all
be signed on the Sd of March," it will be- 50
stated, but it is not true. They are not signed
| on the RI of March and tha vary e.. sho